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Q. > Please Help: INCOME TAX-TDS U/S 195
How much % of TDS to deduct on payment of professional fees to Brazil company.
DTAA- BRAZIL & INDIA
Brazil Company providing services to India by PREPARING DESIGN (LIKE PAINTING) and charging professional fees to Indian company. Now while paying fees to it, how much % of TDS to deduct?
There is no permanent establishment of Brazil Company in India.
TDS=NIL , 25.75% or 15.45% ?
Is it cover in Article 14 of DTAA between BRAZIL & INDIA?
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Comments
heeral
25-Dec-2013 , 01:54:38 pmnormally Independent Personal Services coveres services provided by individuals or partnership firms - however in this case the article mentions "resident" hence it would also cover company . since it is being paid by resident of india would become taxable in india - as no rate is provided in treaty - rate as per income tax of 25% as increase by cess and surcharge would apply
SHRUTI PARASRAMPURIA
25-Dec-2013 , 02:09:45 pmAs per Income tax Act, TDS should be deducted on payment made to NRI u/s 195. If we fail to deduct TDS then the expenditure will get disallowed. As per DTAA benefit it can be given to the company having permanent establishment in India. In this case there no permanent establishment so it will be governed by Income Tax Act,1961 u/s 9. Stating-Income by way of interest/royalty/ FTS [Section 9(1)(v)/(vi)/(vii)]: Vide Finance Act, 1976, a source rule was provided in section 9 through insertion of clauses (v), (vi) and (vii) in sub-section (1) for income by way of interest, royalty or fees for technical services respectively. It was provided, inter alia , that in case of payments as mentioned under these clauses, income would be deemed to accrue or arise in India to the non-resident under the circumstances specified therein.